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Legal obligation to advertise vacancy

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brionyw | 12:07 Wed 12th Apr 2006 | Jobs & Education
6 Answers

Hi


Does anyone know if there is a legal requirement to advertise a vacancy in a company? my boss has been replaced with someone internally without anyones (including my old boss's) knowledge.


Any help would be great

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They can do pretty much as they please in this regard (providing they don't disrupt other peoples employment conditions). Many places have a policy to offer jobs internally but this is not a legal requirement.
Employing someone internally has advantages, such as already knowing and trusting the employees. It doesn't require budgets for advertising and there is more chance of the person promoted staying in their job. It also allows competition between candidates within the company, raising the standards of work.
However, it seems that you have a grievance that it was done underhand, and may show favouratism to the promoted individual, in which case it is up to you to state your grievance to a superior, if you feel that strongly about it.

Your employer, if in the private sector, has no obligation to advertise a vacant position if there is somebody suitable internally. However it does suggest that their internal staff development process may be somewhat lacking if employees arn't given the opportunity to apply for other jobs and expand their career skills. . If you have an annual appraisal process in place why not ask what the company's formal training and development policy is and if they don't have one, try and get one introduced.

Surely you can't be repalced without your knowledge?? how does that work?
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Thanks everyone for your comments. We had a big meeting about new products blah blah blah then a two second slide saying and this is your new boss. My ex boss was aware that she was splitting her responsibility but the first she heard about being replaced was the slide show. We were told on Tuesday and she starts next Tuesday - she might be lovely but there are 2 editors here (me included) who would have been interested in the post. We have a development plan and I expressed an interest in promotion so I may use that as ammo when I know there is no-where to be promoted to now! Grrr

Clearly there is underhand dealings. Maybe they may try to legitimise it by saying that this way there is least disruption to the current projects you are working on. They may not have the resources to judge a competition for the post, even internally. Maybe they didn't want you 2 editors being distracted and in competition with eachother. but yes, it does feel lke your options for promotion are now limited due to such action.

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